Georgia laws impose requirements on virtually all employers to buy workers' comp insurance to cover their employees. The purpose of this requirement is so a worker who gets hurt while performing work duties won't face financial disaster and won't become a burden on the state. Workers' comp should kick in to provide coverage any time an on-the-job injury happens and should pay for medical bills as well as providing income in case a disability temporarily or permanently prevents work or lowers earning power. Negligence on the part of the employer (or employee) typically doesn't matter as long as it can be demonstrated a workplace illness or workplace injury is related to job duties.
Unfortunately, while the system is supposed to work this way, it does not always work this way in practice. The problem is, sometimes legitimate claims are denied or employees are denied some or all of the benefits that the laws says they should receive when they get hurt at work. If you find yourself having difficulty getting benefits which you believe you deserve after sustaining a work injury, you need to speak with an Atlanta workers' compensation lawyer about your rights and about your legal options for protecting yourself financially.
Challenges In Getting Atlanta Workers' Compensation Benefits
Everyone's situation is different, but some of the common challenges faced by workers in trying to get the workers' comp benefits they deserve include:
- Legitimate claims being denied. Insurers may have lots of excuses, from claiming you didn't report the injury on time to arguing the illness or injury wasn't work related. The bottom line is, as long as you can trace back the cause of your injury to work, you should get benefits. This is true even for repetitive stress injuries or illnesses, and even if you had a pre-existing condition which was exacerbated or made worse by your job.
- Pressure to return to work too early. If you cannot safely return to work, you should continue to receive disability benefits until you are recovered enough to resume your job. Unfortunately, insurers and employers sometimes don't want to pay benefits as long as they should and will try to pressure you to go back to work too soon.
- Inability to get necessary medical care. You should be able to have workers' comp coverage for all treatment related to your injury, as well as for things like adaptive medical devices. You shouldn't have coverage for any of your medical bills denied if a doctor says you need the treatment.
If your employer or his workers' compensation insurer is treating you unfairly in any way, you need to be assertive about protecting your right to benefits. Contacting an attorney can help you to get the benefits you deserve so you can take care of yourself and your family until you recover and are able to get back to work.
The Atlanta workplace accident lawyers at Van Sant Law, LLC can represent employees or their families after a workplace injury or death. Call today at 404-991-5950 or contact us online to schedule your free consultation.